The measure would have implemented a top-two style open primary system. In a top-two open primary, candidates for a government position run on the same primary ballot regardless of party affiliation. All registered voters are then able to cast their vote for the candidate of their choice. The two candidates with the most votes are then placed on the November general election ballot, regardless of party affiliation. The proposal was introduced by former Phoenix Mayor Paul Johnson.[1][2]

Text of the measure

Short title

This measure will allow all Arizonans, regardless of party affiliation, to vote in a single open primary for the candidates of their choice. The two candidates who receive the most votes in the primary will compete in the general election. There will be a level playing field for all voters and candidates, and the current system of taxpayer-funded partisan primaries will be abolished. This reform will promote open government and encourage the election of candidates who will work together for the good of the state.[5]

”

Support

Support

Arguments

Former Mayor Paul Johnson stated: "The greatest incentive politicians have is to be elected. Too many politicians seeking to win their partisan primary simply do so by demonizing the other party. But under Prop. 121, politicians would have to face all voters. This creates an incentive to reach out to all voters, and work together regardless of party once they are elected."[8]

According to Johnson the initiative was "about trying to change the outcomes so that we end up with a more reasoned debate and more people are included in the process."[9]

According to the "State of Arizona Registration Report," about a third of state residents were not registered with either the Democratic or Republican party. The report stated that there were more independents in the state than Democrats.[10]

Thomas Franz, president and CEO of Greater Phoenix Leadership stated: "We believe in representative democracy, we believe that every voice is important to be heard"[11]

In column by Mark B. Evans, Editor of TucsonCitizen.com: "...They should vote for it because it strips the political parties of their power and puts it back in the hands of the voters."[12]

Al Bell of Peoria Wrote: "Opponents say the current system works fine. The political parties agree. Yet, over a third of our voters are at a serious disadvantage. These growing ranks of voters are leaving the parties in frustration at the dominance of ideology over negotiation in solving our real problems. Citizens want resolution that can last instead of stalemate. Opponents say independents already have primary voting rights. Yes, if they are willing to temporarily identify with a “recognized” political party. This requirement essentially holds independents hostage to the parties, certainly a strange form of 'rights'."[13]

Jim Morrison of Scottsdale wrote: "If this initiative passes, it will change our voting system from one controlled by political bosses and lobbyists to one that gives every eligible voter a voice."[13]

Kevin Johnston of Gilbert wrote: "It will change the voting system from one based on the political parties to a system based on the voter…I expect we would see a change from the current climate of pandering to the factional extremes to win party nomination, then shifting to moderation in the general elections.”[13]

The following are arguments that were submitted to the Arizona Secretary of State for the state voter guide. More arguments can be read here:

"The Open Elections Open Government system allows all Arizonans to vote in an open primary for the candidate of their choice, regardless of their party affiliation. It ends the current system of taxpayer-funded partisan primaries, and gives Independent voters and candidates an equal voice in the election process. Under Open Elections all candidates for an office run on the same ballot in an August Primary. All voters can vote in this primary election. Then the top two vote getters face each other in a runoff election. Under the existing taxpayer-funded partisan primaries, small minorities of voters select candidates who often represent the ideological extremes of the parties. Under the current system, Independent voters, who are the fastest growing category of voters in Arizona and the U.S., have little or no role in the process. In fact, in Arizona 26 out of 30 legislative districts are gerrymandered, or "safe" districts and thus the voters have no choice in the general election. The true majority of voters are cut out of the process. Allowing every voter the right to vote in every election will result in elected officials who have to be accessible to all voters not just a powerful few. It will encourage elected officials to be more respectful and listen to the views of others for the public good. Join the thousands of Arizonans who have worked to support this election reform initiative by voting yes on the Open Elections Initiative."

Submitted by Paul Johnson, Chairman, Open Government Committee.

"Vote Yes on Prop 121 - Open Elections Open Government. Greater Phoenix Leadership ( GPL ) is a non-profit organization whose members represent a broad range of the Phoenix Region's largest employers and our philanthropic community. Our focus and purpose is to improve the economic vitality and quality of life in the greater Phoenix region and the State of Arizona by bringing together talent, resources and leadership to create results on priority issues. Public policy decisions at every level of government in Arizona impact the quality of life of all Arizonans, as well as the strength and vitality of our businesses and our State's economy. Insuring a quality education system, strong workforce development, an environment in which businesses of all sizes can grow and provide jobs, and sound fiscal policies in our State, county and local governments are all critical public policy decisions. Elections provide a unique opportunity for every voter to impact public policy at all levels of government, and is a responsibility that determines our future. GPL believes in a representative democracy, and that every voice is important. At a time when the majority of elections are being determined by a minority of voters, GPL sees this as an opportunity to re-engage the electorate. Please join GPL members in voting YES on Proposition 121."

"Statement: Like much of the nation, Tucson Hispanic Chamber members have been discouraged by the divisiveness of our local, state and federal politics. We believe the Open Elections initiative will provide more opportunities for moderate pro-business candidates within any party. It should encourage a more civil tone to Arizona politics and less conflict over ideological differences."

Arguments

According to Arizona Republic columnist Robert Robb, in a column published on July 11, 2012, "...the two-top primary will probably prove another disappointing attempt to change election outcomes by changing the rules. There's really no substitute for better candidates running better campaigns."[16]

In column by Clint Bolick of the Goldwater Institute, Bolick stated, "...because Arizona is a conservative state, the net result will be to move our state to the left. At a time when our state’s sovereignty is all that stands between us and an ever-growing federal government, we can ill afford a system designed to sabotage our freedom spirit. Proposition 121 is complex. Please take time to explain it to your friends who may be taken in by the benign-sounding rhetoric being used by its supporters."[17]

Governor Jan Brewer stated, "This measure is an attack on Arizona’s political parties and an attack on our election process itself. Most disturbing, it threatens to create new opportunities for 'sham' candidates whose sole purpose is to mislead voters and fraudulently impact the outcome of Arizona elections. This is not 'open elections, open government' at all. Proposition 121 may have a 'catchy' title, but it will usher in a selection process that threatens the voice of Arizona voters."[18]

According to Erik Lundstrom, the president of the UA Young Democrats and the Young Democrats of Arizona and a political science senior, "For independents to be catered to in a primary, it doesn’t make sense to me, because it’s the party’s deal. The party is deciding which candidate it wants. This system would allow independents to almost dictate that process."[19]

Angel Torres, co-chair of the state’s Green Party, stated, "If you are a Libertarian or a Green voter your candidates are almost guaranteed not to move on to the general election,” said Torres, who also is a candidate for state House in a Phoenix-area district."[20]

The following are arguments that were submitted to the Arizona Secretary of State for the state voter guide. More arguments can be read here:

"Dear Voter, I urge you to vote NO on Proposition 121. The proponents would have you believe that Arizona does not currently have an 'open primary' system. This is categorically false. The truth is, Independent voters in Arizona have the right to vote at any election for any candidate by choosing a party ballot in a primary election. Proposition 121 repeals that important piece of our Constitution, passed by the voters in 1998, and further proposes sweeping changes to over 50 different election laws - the impacts of which have just begun to be understood. For example: Do you like to know a candidate's political party before casting your vote? This proposition would eliminate the requirement that candidates for partisan elective office specify their party affiliation on the ballot, opening the door to widespread voter deception. As Arizona's former Secretary of State, I know well the importance and value of increasing voter participation in our elections. But this proposition is not the way to do it. This measure is an attack on Arizona's political parties and an attack on our election process itself. Most disturbing, it threatens to create new opportunities for 'sham' candidates whose sole purpose is to mislead voters and fraudulently impact the outcome of Arizona elections. This is not 'open elections, open government' at all. Proposition 121 may have a 'catchy' title, but it will usher in a selection process that threatens the voice of Arizona voters."

Submitted by Jan Brewer, Governor of Arizona.

"As a 30 year retired military veteran followed by almost 20 years in the private sector with my wife's successful business, I feel the necessity to take the time and highly encourage each and everyone one to VOTE NO on initiative known as the 'Open Elections/Open Government Act.' As a former Inspector General for our Department of Defense and after reading the initiative many times, I find this initiative flawed in several areas. As an example, any candidate, under this initiative is at liberty to identify themselves (within 20 characters) as 'whatever' he or she chooses. I find no restrictions for a candidate from not registering as 'Endorsed by God' or some other misleading '20 character' listing ... this in itself will encourage and lead to an inappropriate drive by a candidate (s) to list themselves as 'whatever it takes' to get the vote. I would suggest that this initiative must not have been written by an individual (s) who considered all of the ramifications nor did they have the best interest for the citizens of this great State of Arizona in mind. I strongly encourage you to research the problems that other States have had who implemented such an initiative, read the language of this initiative and how it allows any candidate to mislead the public and most of all, understand and evaluate what the consequences may be. My 30 years in the military defending our great Nation and what it stands for which includes our rights to have a civilized voting procedure is in jeopardy by this initiative - VOTE NO!"

Media endorsments

Support

Inside Tucson Business stated: "Considering the embarrassing notoriety Arizona has received as a result of partisan politics and the fact that registered voters are leaving political parties in favor of becoming independents, this is the right time for this idea. The loudest opposition is coming from politicians and those who have a vested interest in keeping the political rhetoric turned up."[23]

The Arizona Daily Sun stated: "It's time Arizona voters, especially independents, stood up and demanded a voice in the selection of candidates in the election that really matters: the primary. Make the candidates appeal to the broadest possible values from the start, and we'll wind up after the general election with elected leaders truly representative of our state."[24]

The Yuma Sun stated: "The bottom line is most voters simply want the best office holder possible, no matter their party, and the open primary system helps achieve that. It deserves our support."[25]

The Arizona Republic stated: "Arizonans increasingly are rejecting the Republican and Democratic parties and registering with no affiliation. Yet elections are rigged for the two major parties, diminishing the voice of independent candidates and voters. Proposition 121, the Open Elections/Open Government initiative, reshapes the process to fit the way voters are redefining themselves."[26]

Opposition

The Sonoran Alliance stated: "Proposition 121 would give political insiders and unscrupulous consultants the vehicle they want to corrupt the candidate selection process. Special interests would pour millions into primaries to elect sham candidates. The voters need clear choices. They need confidence in the honesty of candidate identity. They need protection against corruption in the election process. The party primary system provides these safeguards. Proposition 121 destroys them. The measure should be soundly defeated on Election Day."[27]

The Arizona Daily Star stated, "Proposition 121 does include reforms that are long overdue in this era of growing independent-voter registration. The deck is stacked against an independent in even getting on the ballot. As an example, aspiring Republican candidates must obtain 5,600 signatures to run for statewide office. Democrats need 4,700. Independents must round up 31,000. The proposition also would eliminate the free access to voter-registration rolls that only organized parties get. As much as we favor parts of this proposal, we believe it is too easily manipulated and will result in fewer choices. We say "no" to Proposition 121."[28]

Maricopa County Court Case

On July 23, 2012, a lawsuit was filed with Maricopa County Superior Court aimed at blocking the measure from the ballot. The lawsuit against the measure was filed by opponents of the measure, who were represented by Attorney Michael Liburdi. Liburdi claimed the initiative had "a legion of unintended consequences." Liburdi said that the proposal violates the state's single-subject rule.[29]

The initiative's campaign spokesman Joe Yuhas said the lawsuit would fail because the residents who signed the petition were entitled to have a say on the measure.

On August 6, 2012, the court ruled that the measure should not be placed on the ballot because a provision in the measure violated the state's single-subject law.[31]

Judge Mark Brain stated that there was no reason why a prohibition on public funding for party activities should be included in the initiative.

The Open Government Committee, who supported the initiative, appealed to the Arizona Supreme Court to overturn the ruling on August 7, 2012. On August 17, 2012, the high court ruled, without comment, that the measure be placed on the ballot, if enough signatures were found to be collected by the petition drive, which they were.[32][33]

Supporters of the measure stated that the secretary's office used an incorrect formula to calculate the results of the random sample and that Maricopa County officials invalidated signatures that should have been counted.

However, challengers stated they wanted another two hours to make their case in court. Attorney Mike Liburdi told the Arizona Supreme Court on September 4, 2012 that he was "cut off" by Maricopa County Superior Court Judge John Rea in the middle of his arguments. According to Liburdi, "Given the magnitude of the controversy -- a proposed constitutional amendment that will fundamentally change the manner in which public officers are elected -- it was unreasonable and an abuse of discretion not to provide (challengers) with more time to present their case."[35]

The Arizona Supreme Court finally made a ruling on the case on September 7, 2012 allowing the measure to appear on the November 6, 2012 ballot.[36]

Polls

During the period of October 4-11, 2011, a poll was conducted by Arizona State University’s Morrison Institute for Public Policy concerning the topic of nonpartisan ballots in primaries. The survey asked state residents if they favored a nonpartisan primary ballot system. The results of the poll follow. The margin of error was plus or minus 4 percentage points.[37]

Date of Poll

Pollster

In favor

Opposed

Undecided

Number polled

Oct. 4-11, 2011

Morrison Institute for Public Policy

58%

33%

9%

600

Path to the ballot

In order to qualify for the 2012 statewide ballot, supporters were required to collect a minimum of 259,213 valid petition signatures by July 5, 2012.

According to reports, on June 4, 2012, supporters of the initiative stated that they had collected enough signatures to make the ballot. Reports stated that petition drive organizers had collected more than 280,000 signatures from state voters.[38]

Although enough signatures were allegedly collected, supporters said at the time that they would keep collecting them leading up to the deadline in order to ensure that they had room for error.[39]

On the day of the deadline, July 5, supporters turned in signatures to the Arizona Secretary of State's office. According to reports, however, state elections officials checked 5 percent of the signatures on the submitted petitions and found 30 percent of signatures checked were invalid. Using that formula, more than 100,000 signatures were deemed invalid, leaving the initiative drive short of signatures to be placed on the ballot.[40]